Bail granted despite serious allegations due to duration of detention and conditions imposed to prevent witness tampering.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.2149 of 2025 of Thiruvalla Police Station, Pathanamthitta, registered for the offences punishable under Sections 332(c), 74, 75, 75(1)(ii), 126(2) and 351(2) of the Bharathiya Nyaya Sanhitha, 2023 apart from Sections 7 , 8, 9(l) and

10 of the Protection of Children from Sexual Offences Act, 2012 . 3. According to the prosecution, the accused had on 10.08.2025 committed sexual assault on the victim aged 14 years by kissing on her face and groped her and thereby committed the offences alleged. Petitioner was arrested on 11.08.2025 and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 11.08.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. Petitioner is alleged to have sexually assaulted a minor victim aged 14 years. Though the allegations are serious, especially since the petitioner is alleged to have groped the victim after trespassing into her house, considering the period of detention already undergone by the petitioner, I am of the view that further custody is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

8. In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.

Sd/-